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URS says it didn't know I-35W bridge would fall

An engineering company that consulted on the
Interstate 35W bridge in Minneapolis said Thursday it should not
have to pay punitive damages because it didn't know about the
design flaw that caused the bridge to collapse in 2007, killing 13
people and injuring 145.

Attorneys representing 34 victims and surviving family members
have asked to be allowed to seek punitive damages from San
Francisco-based URS Corp., which they allege deliberately
disregarded the bridge victims' safety.

URS denies that, saying it was hired to conduct a specific
fatigue and fracture study of the bridge, not assess whether it was
designed properly.

"URS could not deliberately disregard any problem of which it
was unaware," attorneys for URS wrote in court documents filed
Thursday in Hennepin County. If URS would have known a collapse was
probable, it would have told Minnesota transportation officials,
the filing said.

The bridge fell into the Mississippi River during a crowded
evening rush hour on Aug. 1, 2007. The National Transportation
Safety Board found that because of a design flaw, gusset plates on
the more than 40-year-old bridge were half as thick as they should
have been. Heavy construction materials on the bridge that day also
stressed the undersized plates, which buckled.

URS released a statement Thursday saying it never was asked to
verify the bridge's original design and did not know it was
defective. URS also was not informed of plans to store the
construction materials on the bridge and was not asked to assess
that extra weight.

Some victims and families already are suing URS for actual
damages. Under Minnesota law, a petition for punitive damages must
be made later. Minnesota has no cap on punitive damages, but has
strict limitations on when they can be pursued.

"Punitive damages are not awarded because a defendant was
unaware of a danger, they are awarded in situations where a
defendant knows that some danger is highly probable and
deliberately disregards that knowledge. URS is not that
defendant," attorneys for URS wrote.

Richard Nygaard, an attorney for the victims seeking punitive
damages, said the URS brief shows the company knew there was no
"safety factor" in the bridge and told the state in a way that
made it seem the bridge was safe. Nygaard also said URS
deliberately decided not to review the gusset plates.

Victims' attorneys said in their petition that URS failed to
follow guidelines for bridges set by the American Association of
State Highway and Transportation Officials, and if those guidelines
were followed, URS would have had to tell the state to close the
bridge immediately.

The attorneys for URS wrote Thursday that the company did not
hide anything from Minnesota transportation officials, and in fact
had told the state the old bridge was over-stressed by current
design criteria.

In addition, URS attorneys said the plaintiffs' use of hindsight
to suggest ways URS might have uncovered the problem might be
relevant in claims of negligence, but do not show URS was aware of
and disregarded any specific risk.

URS had a long-standing contract with the Minnesota Department
of Transportation to evaluate the structural integrity of the
bridge and recommend ways to shore it up. The company and state
reached a $5 million settlement in March, with neither side
admitting liability or fault for the collapse.

Hennepin County Judge Deborah Hedlund will hold a hearing on the
punitive damages request next Thursday.